Do ?De qu? live Google?, ?de d?nde benefit the Almighty Internet giant? In 2011, ?Google got some 40,000 d?lares million, of which almost 38,000 billion the consigui? to trav?s of advertising through its AdWords and AdSense services. SEG?n data from Infoadex, that same Google a?o factur? by advertising on Espa?a 368 million euros, 3% of the advertising market espa?ol, receiving 80% of sponsored links.
However, this great command of the online advertising market has its consequences: continuous complaints of competition for abuse of dominant posici?n and reporting of illegality in the pr?cticas carried out by Google to enrich themselves at the expense of outside companies. Criticized m?s system is the auction of trademarks as keywords to appear well positioned on the search engine. I.e. seg?n this way of proceeding, a company can pay Google to buy a t?rmino associated with the competition. When someone performs a b?squeda of that t?rmino, the search engine shows sponsored links of the company that purchased the t?rmino before the of the company that owns the trademark.
Are now moving the est?n crisis happening all espa?oles m?s of Google after issues of privacy (especially the related with Street View), press links (m?ltiples pa?ses associations have sued Google for playing content without permission) and free use of the networks of major telecommunications companies (operators such as Telef?nica believe that Google deber?a pay for its use)t?rminos focused on the advertising auction has become the en?sima battle of Google, a pol?mica comenz? makes a?os but it has now resurfaced strongly due to an investigaci?n of the European Comisi?n and reacci?n of espa?oles entrepreneurs who have decided to join the protests against Google.
Don Antonio Dur?n, owner of the shop of the Esp?a, who has decided to bring a lawsuit against Google for protest by the aforementioned pr?cticas has given the starting signal. When you enter the name of your business on Google, above its official web p?gina usually appear stores competition announcements such as Just Security or Spy.es. In Google Maps, your tambi?n establishment appears mixed with other brands.
SEG?n Dur?n, the way of proceeding of the American compa??a has made them lose 12 million euros in facturaci?n, bas?ndose in an expert report data. Among the many affected by this system, the employer CITES mutual Madrile?a of insurance, Hertz, oranges Lola, bags Purificaci?n Garc?a and service t?cnico Balay. Adem?s, Dur?n has created Asociaci?n Espa?ola of owners of patents and trademarks (AEPPYM) as a platform with which channel all allegations of this type and actively participate in the investigaci?n of Google carried out by the European Comisi?n, which have already sent a dossier detailing his case.
Dur?n ensures that they have tried to reach an agreement with Google for good, but the compa??a always responded them with prevarication. "We have sent many burofax, but it is not effective." " The effective ?nico is Sue", says the businessman. "Do ?Por qu? not this happens you to the Court Ingl?s that tambi?n includes on its brand names gen?ricos?" To this type of account you have them fear, because it is a pulse that can affect all over Europe, as? who prefer to take advantage of peque?itas like ours, companies that do not have capacity... ", says."
"Now we are passing the est?n crisis happening all espa?oles m?s of Google, as? I am willing not to give life but almost", account Dur?n. "I'm desperate with these dealers of brands." However, the employer is optimistic: "to Google I will kneel. " "I say by qu?: I have the raz?n".
Although the peque?as and medium-sized enterprises conf?an in the victory over Google, precedents are not very encouraging for them. The prominent m?s case is that of Louis Vuitton, to demand? to Google in 2003 for allowing other compa??as usar?en AdWords keywords related to your products. Although the company fashionable obttuvo a first victory in 2006, the case concluy? in favor of Google in July 2010, when the Court Supreme franc?s fall? in favor of Google in a number of cases (of Louis Vuitton, one of CNRRH ?Centre National de Recherche en Relations Humaines? and another of the Viaticum travel agency) related to trademarks that create jurisprudence.
Taking advantage of these statements, Google is apresur? to announce an actualizaci?n in the pol?tica of marks registered seg?n which "any company that is announced in Europe using Google podr? bid or select trademarks as keywords". "In this way, if a user, for example, enter in the search mark of a manufacturer of televisi?n, podr? find ?tiles announcements and relevant ads for buying and selling, as well as ads that brand manufacturers that are relevant to your b?squeda and distributors that brand", explained Google in a statement.
Even as?, Google not closed the door to claims and announced a p?gina from brand owners can report cases in which considered that an announcement of a third in Europe confuses users about the origin of the products and services that are announced when his trademark is entered in the search engine.
Despite this Google victory in the courts, there are positive se?ales that open some hope to retailers that are affected by the brands auction system. The month of April, is in Madrid dict? la?primera sentencia?que proh?be a competitor to use a trademark as a keyword in search engines to attract customers. Partially the lawsuit filed by the company Maherlo Ibérica, owner of the marca?Masaltos?contra estim? the statement shoes Fernando Garc?a?por infringe on intellectual property rights.
The statement, against which a?n there is appeal of apelaci?n, concluy? the company condenada?introdujo in the search engine of Google "brand Masaltos or Masaltos.com with the link" your web p?gina as if it were your sponsor, that is "a direct competitor who sells the same product".
Only a month despu?s, in may, la?Comisi?n Europea? (EC) exigi? a?Google?cambios in several of its pr?cticas if you want to avoid a multa?por abuse of dominant posici?n. Brussels, that abri? an investigaci?n in November 2010, considers the American compa??a can estar?violating Community standards?por, among other things, give priority to their listings and leverage content competitors for their own benefit.
Brussels examines complaints against Google three compa??as since the beginning of 2010: price comparaci?n web brit?nica Foundem (member of the organizaci?n ICOMP, partially funded by Microsoft, and the own FairSearch tambi?n), the search engine of informaci?n legal franc?s ejustice.fr, and Microsoft Ciao shopping website!
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